This Marketing Services Agreement (“Agreement”) is entered into on:
Effective Date: {date}
Between:
Eleana Inc.
1 Jackson Creek Rd Suite 2052
Clancy, Montana 59634
("Eleana")
and
Client: {name}
Business Name: {businessorganization}
Address: {address}
("Client")
Eleana and Client may individually be referred to as a “Party” and collectively as the “Parties”.
1. SERVICES
Eleana agrees to provide marketing, design, branding, digital, web, advertising, consulting, and related services under its Illumination Marketing program.
Services provided will correspond to the Illumination Marketing package selected by the Client, which is incorporated into this Agreement through Schedule A – Service Package Selection.
Package descriptions, service limits, deliverables, and scope are defined by the package documentation provided by Eleana.
Any services outside the selected package scope may be billed separately at Eleana’s standard rates.
2. TERM
This Agreement begins on the Effective Date and continues on a month-to-month basis unless otherwise specified in Schedule A.
Either Party may terminate the Agreement with 30 days written notice.
Eleana may suspend services if payments become overdue.
3. FEES AND PAYMENT
Client agrees to pay Eleana the monthly service fee defined in Schedule A.
Payment terms:
• Monthly subscription fee: ${myProducts}
• Billing cycle: Monthly
• Payment due: Upon invoice or automatic billing
• Late payments may incur a 10% late fee or the maximum allowed by law
Failure to pay may result in suspension of services.
All payments are non-refundable once services for that billing cycle have begun.
4. SERVICE LIMITS
Each Illumination Marketing package may include service limits such as:
• Monthly hour allocations
• Number of design revisions
• Number of deliverables
• Campaign limits
If a package includes graphic design work, design projects are limited to three (3) revision rounds unless otherwise stated. Additional revisions may be billed at Eleana’s standard hourly rate.
Unused service hours do not roll over unless explicitly stated.
5. CLIENT RESPONSIBILITIES
Client agrees to:
• Provide necessary information, assets, and approvals in a timely manner
• Ensure all materials provided are legally owned or licensed
• Review and approve work promptly
• Maintain compliance with advertising and marketing laws relevant to their business
Delays in approvals may affect timelines.
6. THIRD-PARTY COSTS
The following are not included unless specifically stated:
• Advertising spend (Google, Meta, etc.)
• Printing costs
• Stock images
• Paid software
• Domain registrations
• Hosting services
• Media purchases
• Influencer payments
These costs may be billed directly to Client or invoiced through Eleana.
7. INTELLECTUAL PROPERTY
Upon full payment:
• Final approved marketing materials created by Eleana become the Client’s property for business use.
Eleana retains ownership of:
• Draft work
• Internal tools
• Templates
• Proprietary processes
• Software systems
Eleana reserves the right to display completed work in portfolios, marketing materials, and case studies unless otherwise agreed.
8. CONFIDENTIALITY
Both Parties agree to keep confidential all proprietary or sensitive information received during the course of this Agreement.
Confidential information shall not be disclosed without written consent unless required by law.
9. PERFORMANCE DISCLAIMER
Client acknowledges that marketing results depend on numerous external factors.
Eleana does not guarantee specific outcomes, including but not limited to:
• Revenue increases
• Sales conversions
• Lead volume
• Advertising performance
• Search rankings
Eleana agrees only to provide professional marketing services consistent with industry standards.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
Eleana’s liability for any claim related to this Agreement shall not exceed the total amount paid by Client to Eleana during the previous three (3) months.
Eleana shall not be liable for indirect, incidental, special, or consequential damages, including but not limited to:
• Lost profits
• Loss of business
• Data loss
• Advertising losses
11. INDEMNIFICATION
Client agrees to indemnify and hold Eleana harmless against any claims, damages, or legal actions arising from:
• Content supplied by Client
• Advertising claims made by Client
• Intellectual property provided by Client
• Misrepresentation of Client products or services
12. FORCE MAJEURE
Neither Party shall be liable for delays or failure to perform due to circumstances beyond reasonable control including:
• Natural disasters
• Internet outages
• Government actions
• Cyber incidents
• Infrastructure failures
13. INDEPENDENT CONTRACTOR
Eleana operates as an independent contractor and is not an employee, partner, or joint venture partner of the Client.
Client acknowledges Eleana is not responsible for HR obligations, payroll taxes, or employee compliance, reflecting the outsourced marketing department structure of Illumination Marketing.
Illumination Marketing Presenta…
14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Montana.
Any disputes shall be resolved in the courts located within Montana.
15. ENTIRE AGREEMENT
This Agreement, together with Schedule A, constitutes the entire agreement between the Parties and supersedes all prior discussions or agreements.
SCHEDULE A
ILLUMINATION MARKETING PACKAGE
Client Name: {name}
Selected Package: {selectedPackage}
Monthly Price: ${myProducts}
Billing Start Date: {date}